Banks v. Commissioner of Correction

Summary

The court held that the Brecht harmless-error standard governs Salamon instructional-error claims raised in state habeas proceedings, rather than the more demanding Neder standard used on direct review. Applying that standard, the court concluded that the omission of the required kidnapping instruction was harmless because the petitioner’s postrobbery movement and confinement of the victims had independent criminal significance and a properly instructed jury would have found him guilty beyond a reasonable doubt. The judgment reversing the habeas court was reversed, with directions to affirm the habeas judgment.